The High Court sitting in Milimani has declared a section of the penal code that outlawed attempted suicide as being unconstitutional.
Justice Lawrence Mugambi in his decision said section 226 of the penal code shames victims of suicide ideation in the eyes of the community for actions that are beyond their mental control.
This he emphasized is a violation of Article 28 of the constitution which states that every person has inherent dignity and the right to have that dignity respected and protected.
"A declaration is hereby made that section 226 of the penal code is unconstitutional for violating articles 27, 28 and 43 of the constitution," he ruled.
Section 226 of the penal code criminalises attempted suicide and provides a punishment of two years imprisonment, a fine or both once found guilty.
What followed was a case being filed in court by the Kenya National Commission on Human rRghts, Charity Muturi and the Kenya Psychiatric Association.
They asked the court to intervene and determine whether suicide is a mental issue or a crime.
...more to follow
